Salman vs The State Of Kerala
2021 Latest Caselaw 11163 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       Crl.MC.No.5654 OF 2020(F)

AGAINST THE ORDER/JUDGMENT IN CC 23/2020 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS -II,PERINTHALMANNA

    CRIME NO.78/2019 OF PANDIKKAD POLICE STATION , MALAPPURAM


PETITIONERS/ACCUSED:

      1      SALMAN
             AGED 25 YEARS
             S/O. MUSTHAFA, PAPPADATHIL HOUSE,
             KADAMBODE P.O., PANTHALLUR,
             MALAPPURAM DISTRICT-676 521.

      2      MUSTHAFA,
             AGED 51 YEARS
             S/O. PAPPADATHIL MUHAMMED,
             PAPPADATHIL HOUSE, KADAMBODE P.O.,
             PANTHALLUR, MALAPPURAM DISTRICT-676 521.

             BY ADV. SRI.R.RANJITH (MANJERI)

RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:

      1      THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM,
             KOCHI-682031-
             FOR THE SUB INSPECTOR OF POLICE,
             PANDIKKAD STATION, MALAPPURAM DISTRICT.

      2      MUSFIR V.M
             AGED 19 YEARS
             S/O. MUHAMMED BASHEER, VILAKKUMADATHIL HOUSE,
             MULLAMPARA, MANJERI P.O.,
             MALAPPURAM DISTRICT-676 121.

             RB BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR
             R2 BY ADV. A.P.NIDHIN KUMAR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5654 OF 2020(F)

                              2


                            ORDER

The matter settled out of the Court. An

affidavit sworn by the defacto complainant is

produced. The offences alleged are under

Section 341, 323, 326 r/w Section 34 IPC. Hence

if it is proceeded further, it will not serve

any purpose. The final report and the further

proceedings are hereby quashed. The Crl.M.C.

is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.5654 OF 2020(F)

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.78/2019 OF THE PANDIKKAD POLICE STATION.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DATED 20.11.2020.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE